Ordinance No. 2,89800522 -2
C)
ORDINANCE NO. 2898
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CREATING HANDICAPPED ZONES AND PROHIBITING
PARKING IN SUCH ZONES BY THOSE NOT PHYSICALLY HANDI-
CAPPED; REPEALING ALL ORDINANCES IN DIRECT CONFLICT;
CONTAINING A SAVINGS CLAUSE: PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That Chapter 18, "Motor Vehicles and Traffic,"
of the Code of Ordinances of the City of Baytown, Texas, is
hereby amended by the addition of a new Section 18 -1(m) that
shall read as follows:
Sec. 18 -1. Definitions.
(m) Handicapped zone means a curb zone designated for the
exclusive use of vehicles operated by or used to transport
persons who have lost, or lost the use of, both legs or who
are so severely disabled as to be unable to ambulate without
the aid of a wheelchair or other mechanical device and
includes areas immediately adjacent and parallel to the edge
of a roadway, curb, or sidewalk of a public street or a
public traffic area such as public property; roads owned and
controlled by a water control and improvement district; and
private property commonly used by the public, such as super-
market, hospital, or shopping center parking lots; parking
areas provided by business establishments for the convenience
of their customers, clients, or patrons; parking lots owned
and operated by the state of Texas or the City of Baytown;
or any other parking area owned and operated for the convenience
of and commonly used by the public; excluding privately
owned residential parking area or privately owned parking
lots where a fee is charged for the privilege of parking or
storing a motor vehicle.
Section 2: That Chapter 18, "Motor Vehicles and Traffic,"
of the Code of Ordinances of the City of Baytown, Texas, is
hereby amended by the repeal of Section 18 -52 as presently
constituted and the adoption of a new section 18 -52 that
shall read as follows:
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Sec. 18 -52. Prohibited curb zone parking.
(a) A person commits an offense if he stops, stands, or
parks a vehicle, bicycle, or motor - assisted bicycle in a
curb zone:
(1) for a period of time longer than is designated;
(2) at a time prohibited by designation; or
(3) for any purpose other than that which is designated.
(b) Persons entitled to use a handicapped zone shall so
indicate by affixing to the rear license plate of the
vehicle used for their transportation a disabled person's
insignia issued by the state of Texas.
(c) It is an exception to the application of (a)(1) of
this section if a symbol, tab, or other device issued by the
state of Texas is attached to the license plate of such
vehicle with the word "Disabled" printed thereon.
(d) It is an affirmative defense to any prosecution under
(a)(1) or any prosecution involving a handicapped zone under
(a)(3) of this section if such vehicle was operated by or
used to transport a handicapped person as defined in this
chapter.
Section 3: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided, however, that such repeal shall be only
to the extent of such inconsistency and in all other respects
this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this
ordinance.
Section 4: If any provision, section, exception, sub-
section, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the valid-
ity of the remaining provisions of this ordinance or their
application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be
severable.
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Section 5: Any person violating the provisions of this
ordinance shall be punished by a fine of not more than Two
Hundred and No /100 ($200.00) Dollars, and each violation
shall constitute a separate offense.
Section &: This ordinance shall take effect from and
after forty -five (45) days from its passage by the City
Council. The City Clerk is hereby directed to give notice
hereof by causing the caption of this ordinance to be pub-
lished in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this
ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council on this 22nd day of May _ 1980.
7
t'WAETT O. HUTTO, Mayor
ATTEST:
4LEEN'P. HALL, City Clerk
APPROVED:
ANDALL B. STRONG City ,,Wttorney
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